Halo Go Holdings Pty Ltd (ABN 72 635 842 885) and its controlled entities provide goods and services in relation to your motor vehicle in Australia and other countries, including the following:
- fuel filling and other motor vehicle related goods and services as described in more detail in the Application and any Supplementary Terms and Conditions (the Motor Vehicle Services); and
- access to and use of our website and technology platform (the Application) for the sole purpose of assisting in the ordering and delivery of the Motor Vehicle Services
- When we say you or your, we mean both you and any entity or firm you’re authorised to represent.
- When we say we, our or us, we’re talking about we are talking about the controlled entities of Halo Go Holdings Pty Ltd with which you have contracted and to which you pay fees, based on the country in which the Services are to be provided. In this regard, you have contracted with:
- Halo Go Australia Pty Ltd (ABN 80 624 745 473) if the Services are provided in Australia; and
- Halo Go Singapore Pte Ltd (Registration 201935606E) if the Services are provided in Singapore.
If you have any questions about these Terms of Services or your dealings with us, please contact us at firstname.lastname@example.org.
1. DEFINITIONS and INTERPRETATION
Capitalised terms used in this agreement have the meaning given below, unless the context otherwise requires.
Application means the Website and/or an application through which the Services are offered.
Cancellation Fee means the fee payable by you to us if you cancel your request for Services, inclusive of applicable taxes, as set out on the Website or as otherwise agreed between you and us in writing.
Customer Data means:
- (a) the data inputted or uploaded to the Application (such as your name, email address, mobile phone number, password, vehicle year, make, license plate, and model) and any data generated by you, or us on your behalf, utilising the Software, for purpose relating to delivery of the Services or facilitating your use of the Services; and
- (b) emails or SMS texts addressed to you, sent through an Application.
Customer Support Services means phone and email support regarding access to and use of the Services as set out on the Website, provided during the times set out on the Website.
Damages means loss of income, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
License means the license granted to you pursuant to clause 2.1.
Offering means the services and goods available to you on the Application, from time to time, to order as a Services on the terms set forth in this agreement.
Promo Code has the meaning given in clause 4.4(a).
Services Fee means the fee payable by you to us for the Services inclusive of applicable taxes, as set out on the Application or as otherwise agreed between us and you in writing or as modified through the use of a promotional code provided by us to you.
Services means the service or services requested by you and/or any associated goods requested by you, from amongst those described on the Application through which such services and/or goods are requested.
SMS means short message service message.
Software means the logistics scheduling software platform owned, managed and maintained by us and accessible by you via an Application.
Supplemental Terms means terms and conditions published by us, which are applicable to specific Services, such as policies for a particular event, activity or promotion
Virus means anything or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect:
- (a) the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;
- (b) access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or
- (c) the user experience, including worms, trojan horses, viruses and other similar things or devices.
Website means https://www.halogo.com.au/ or any other website or mobile applications used to deliver the Services as notified by us from time to time.
- (a) In this agreement, unless the contrary intention appears:
- (i) words in the singular include the plural and vice versa;
- (ii) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
- (iii) a reference to:
- (A) a statute, regulation, proclamation, ordinance or by law includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute;
- (B) ‘including’, ‘for example’ or ‘such as’ when introducing an example, does not limit the meaning of the words to which the example relates to that example or examples of a similar kind;
- (C) ‘law’ includes legislation, the rules of the general law, including common law and equity, and any judgment order or decree, declaration or ruling of a court of competent jurisdiction or governmental agency binding on a person or the assets of that person.
- (b) Where anything is within our determination, we mean that determination is made within our sole discretion and without regard to concepts of reasonableness.
2. LICENSE AND SERVICES
Subject to your compliance with this agreement, we grant to you a limited, non-exclusive, non-sublicensable, non-transferrable and revocable license to access and use, solely for non-commercial purposes that are personal to you:
- (a) the Application; and
- (b) any content, information and related materials that may be made available through the Application and in connection with use of the Services.
2.2 Services and Title to Goods
- (a) Subject to clauses 2.3 and 2.4, we will provide the Services and goods to you on the terms and conditions set out in this agreement.
- (b) We may, on occasion, provide Services that are subject to Supplemental Terms. Any such Supplemental Terms will be deemed a part of this agreement for the purposes of the applicable Services. To the extent of any conflict or inconsistency between the Supplemental Terms and this agreement, the Supplemental Terms prevail.
- (c) We will, as part of the Services and at no additional cost to you, provide you with access to our Customer Support Services during.
- (d) Title to any good ordered by you as part of the Services passes to you on your payment of the Services Fee. All risk in respect of such goods passes to you on title passing.
2.3 Conditions for Provision of Services
We will only provide the Services to you if, at the time you seek to use the Services:
- (a) you are doing so solely for your personal and non-commercial use;
- (b) you are the registered user of a registered account (Account);
- (c) you are at least 18 years of age, or otherwise of sufficient age to have contractual capacity (if different than 18 in the jurisdiction in which you have requested the Services);
- (d) the personal information you provided to us in setting up your Account is accurate;
- (e) your nominated primary or secondary payment method, which must be either a credit card or one of our nominated payment partners, is valid;
- (f) you provide:
- (i) and allow us to access your geolocation for the purpose of delivering the Services, and/or provide an accurate description of the location at which you seek to have the Services delivered; and
- (ii) retain an anonymised record of that geolocation and/or location for the purposes of improving the delivery of the Services.
2.4 Refusal of Services
- (a) We may refuse to provide a Services at any time if:
- (i) we determine that:
- (A) any of the conditions in clause 2.3 have not been met;
- (B) it would be unsafe to deliver the requested good; and/or
- (C) if the Services relates to fuel, it would be unsafe to fill your nominated vehicle or if fuelling the nominated vehicle would violate an applicable law, code, standard, or procedure;
- (ii) you decline to follow a direction from us to:
- (A) if the Services relates to fuel, move your vehicle from the location at which it is stationary at the time the Services is requested to an area that we determine to be a safe filling area; and/or
- (B) do or not do any other act that we reasonably determine is in the interests of safe delivery of the Services.
- (iii) you have opted out of receiving SMS texts, pursuant to clause 2.5(b), as a result of which our capacity to deliver the Services is frustrated.
- (b) If we refuse to provide the Services for any of the reasons set out in:
- (i) clause 2.4(a)(i), we will not charge you a Services Fee and will refund to you, in full, any Services Fee that may have been paid by you, and title to any good that you have requested as part of such Services shall revert to us on such refund; or
- (ii) clauses 2.4(a)(ii) and/or 2.4(a)(iii), we will charge you a Cancellation Fee and will refund to you the difference between such Cancellation Fee and any Services Fee that may have paid by you, and title any good that you have requested as part of such Services shall revert to us on such refund.
2.5 Text Messaging
- (a) Subject to clause 2.5(b), you consent to us sending informational text messages to you by way of SMS text in connection with delivery of the Services.
- (b) You may opt out of receiving SMS texts by replying “STOP” after any text message received.
3. APPS and THIRD-PARTY SERVICES
3.1 Other Services
3.2 Third-party products
Along with the use of our services, you may use data, services and apps from other companies (third-party products), for example, those we make available in our app marketplace and google maps. Any third party providing a third-party product is a provider and is independent of us and may also charge you fees. Such fees are your responsibility to pay and are not within the Services Fee.
3.3 Third-party terms and descriptions
Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, if any, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We do not endorse or assume any responsibility for third-party products.
4.1 Services and Cancellation Fees
- (a) You must pay the Services Fee to us in respect of the Services. Services Fees are due immediately on you ordering a Services.
- (b) Subject to clauses 2.4(b) and 4.1(c) Services Fees and Cancellation Fees paid by you are final and non-refundable, unless otherwise determined by us or as otherwise required by law.
- (c) If you have notified us that you wish to cancel your request for Services prior to provision of such Services, we will refund to you the Services Fee charged for such Services less any applicable Cancellation Fee.
- (d) Payment will be made by you to us by us using the preferred payment method designated in your Account. If your primary Account payment method has expired, is invalid or cannot be accessed, we may use the secondary payment method from your Account, if any.
We may round up or round down amounts that are payable to us in any manner permitted by applicable law or otherwise to the nearest whole base unit of the currency in which the Service Fee is payable.
We will provide:
- (a) and you consent to us providing, you with a tax compliant receipt by email or text message, and/or through the Application; and/or
- (b) a paper receipt, if you request a paper receipt by way of email to email@example.com, within 30-days of provision of the Services in respect of which the paper receipt relates.
4.4 Referral Program & Promotional Codes
- (a) We may create referral and/or promotional codes (Promo Codes) that may be redeemed for Account credit or other features or benefits related to the Services, subject to any additional terms that we impose on a per promotional code basis.
- (b) Promo Codes:
- (i) must be used for the intended audience and purpose, and in a lawful manner;
- (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us;
- (iii) may only be used for new customers and Accounts, unless otherwise expressly permitted by us;
- (iv) may be disabled by us at any time for any reason without liability to us;
- (v) may only be used pursuant to the specific terms that we establish for such Promo Code;
- (vi) are not valid for cash; and
- (vii) may expire prior to their use.
- (c) We may withhold or deduct credits or other features, or benefits obtained through the use of Promo Codes if we determine that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this agreement.
5. MAINTENANCE, DOWNTIME and DATA LOSS
We will use reasonable endeavours to maintain accessibility to the Application 24 hours per day, every day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance, but we cannot guarantee it.
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our Application, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
5.3 Data loss
Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data entered into our services.
5.4 No compensation
Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
We frequently release new updates, modifications and enhancements to our Application, and in some cases discontinue features. Where this occurs, we will endeavour to notify you where practical (for example, by email, on our blog, or on your Account when you log in).
6. OUR OBLIGATIONS AND RIGHTS
6.1 Standard of Delivery
- (a) We will provide the Services to you in accordance with the terms and conditions of this agreement and will take reasonable care in providing the Services.
- (b) We sometimes release applications, products and features that we are still testing and evaluating. We will inform you of any such Offerings, products and features that may become available by identifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with similar meanings). Such applications, products and features may not be as reliable as our other products and features. These are provided on an “as is” basis and you use them at your own risk.
6.2 Compliance with Law
In providing a Services and conducting our business, we will always act in a lawful manner and comply with the requirements of all relevant laws, and ordinances, regulations, by-laws, orders and proclamations made or issued under such laws.
7. YOUR OBLIGATIONS
7.1 Your Account
- (a) Unless otherwise permitted by us in writing, you may only possess one Account for each country where the Services are to be provided.
- (b) You may not authorise third parties to use your Account.
- (c) You are responsible for all activity that occurs under your Account.
- (d) You must maintain the security and secrecy of your Account username and password at all times.
- (e) You may not assign or otherwise transfer your Account to any other person or entity.
- (f) You will use all reasonable endeavours to prevent any unauthorised access to or use of our Account and/or the Services and, in the event of any such unauthorised access or use, immediately notify us of such access or use.
7.2 Compliance with Law
- (a) You agree to comply with all applicable laws when using the Application and acquiring a Services, and you may only use the Application and a Services for lawful purposes.
- (b) You will not use the Application or a Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to us or any other party.
So that we may provide the Services to the standard set out in clause 6.1, you must provide us with all necessary co-operation in relation to this agreement and access to all necessary information as may be requested by us.
If the Services relates to the delivery of fuel and/or other Services delivered to your motor vehicle, you are solely responsible for ensuring that your motor vehicle is in good order and repair such that it does not pose any danger to us or to any other person (including you) in providing the Services to you, including the integrity of the fuel system and tank, and the proper affixing of the fuel tank cap on completion of providing the Services to you.
7.5 Viruses and Other Transmissions
You must not access, store, distribute or transmit any Viruses, or any material during your use of the Application:
- (a) that are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- (b) that facilitates illegal activity; or
- (c) in a manner that is otherwise illegal or causes damage or injury to any person or property.
7.6 Reverse Engineering
You must not:
- (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means;
- (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software and/or Application;
- (c) access all or any part of the Software and/or Application to build a product or service which competes with our business;
- (d) license, sell, rent, lease, distribute, display, disclose, or otherwise commercially exploit, or otherwise make a Services available to any third party; and/or
- (e) attempt to obtain, or assist third parties in obtaining, access to the Software.
7.7 Account Suspension
We may, without liability or prejudice to our other rights under this agreement, immediately suspend and/or disable your access to your Account and/or any Services if we believe that you have breached this clause 7.
8. CUSTOMER INDEMNITY
- (a) You irrevocably release and indemnify us and hold us harmless against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and legal fees) arising out of or in connection with:
- (i) your use of the Software, Application and/or a Services (other than to the extent that we are at fault);
- (ii) any breach by you of the terms and conditions of this agreement;
- (iii) the Services being unsuitable for your purposes;
- (iv) any loss or damage to your property or personal injury arising from the provision of the Services (other than to the extent that the damage or personal injury arises directly from the provision of the Services and it is loss, damage or personal injury for which we would be liable under applicable law).
- (b) Each release and indemnity above is a separate release and indemnity and is not limited by any other release and indemnity.
This release and indemnity survives’ termination of this agreement.
9. LIMITATION OF LIABILITY
9.1 Disclaimers of Warranties
To the maximum extent permitted under applicable law and subject to clauses 9.2 and 9.3, we:
- (a) disclaim all representations and warranties, express, implied, or statutory, not expressly set out in this agreement, including implied warranties of merchantability, fitness for a particular purpose and non-infringement of any Services;
- (b) make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of a Services; and
- (c) do not warrant that:
- (i) your use of the Application to order a Services will be uninterrupted or error-free;
- (ii) the Services or any information obtained by you through your use of the Services will meet your requirements; or
- (iii) any goods obtained by you in connection with the Services will meet your requirements.
9.2 Limitation of Liability
- (a) Our liability to you in connection with the Services and the supply of any goods is limited as set out below.
- (i) We have no liability to you for any Damages incurred by you, even if we have been advised of the possibility of such damages arising out of or in connection with:
the physical location in which your vehicle is located at the time the Services is provided to you, to the extent such Services relates to your vehicle; or
risk inherent in the nature of any goods provided.
- (ii) We have no liability for any Damage incurred by you arising out of or in connection with your use of the Services or any goods provided in connection with such Services.
- (iii) We have no liability or responsibility for a delay, failure in performance, any bugs, viruses, trojan horses or the like that may be transmitted to or through the Software and/or Application by any third party and/or any user content or the defamatory, offensive, or illegal conduct of any third party, or any other injury resulting from causes beyond our reasonable control.
- (iv) We have no liability for any damage caused due to the nature of the goods
9.3 Non-Excludable Rights
- (a) In some places, there may be warranties, guarantees or other rights provided by law that cannot be excluded. These terms do not exclude, restrict or modify such non-excludable warranties, guarantees or other right.
- (b) Our liability for breach of a non-excludable warranty, guarantee or other right is limited:
- (i) at our option, to:
- (A) in respect of the Services, either supplying the Services again or payment of the cost of having the Services supplied again (unless the non-excludable right says otherwise); and/or
- (B) in respect of any good, replacement of such good, or supplying equivalent goods, or paying the cost of replacing the goods or of acquiring equivalent goods; or
- (ii) If, the limitation set forth in clause 9.3(b)(i) is not permitted, our liability is limited to the Damages directly arising out of our actions, breach of warranty and/or guarantee.
9.4 Events outside our control
Whilst we will use reasonable efforts to provide the Services to you at the time and in the manner requested through the Application, we are not liable to you for any failure or delay in performance of any of our obligations under this agreement arising out of any event or circumstance beyond our reasonable control.
10. CUSTOMER DATA AND PRIVACY
10.1 Ownership and Use of data
- (a) You own all right, title and interest in the Customer Data and will have sole responsibility for the legality, reliability, integrity, accuracy and quality of Customer Data.
- (b) You grant us a licence to use, copy, transmit, store, analyse, and back up all Customer Data, including personal data of yourself and others, for the purpose of:
- (i) enabling you to use our services;
- (ii) allowing us to improve, develop and protect our services; create new services;
- (iii) communicating with you about your subscription; and
- (iv) sending you information we think may be of interest to you based on your marketing preferences.
10.2 Use of Customer Data
- (a) We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process Customer Data.
- (b) When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
10.3 Security safeguards
- (a) We have invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure.
- (b) While we’ve taken steps to help protect your data, no method of electronic storage is completely secure, and we cannot guarantee absolute security.
- (c) We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
10.4 Account security features
We may introduce security features to make your account more secure. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features.
10.5 Data breach notifications
Where we think there has been unauthorised access to Customer Data, we will let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you're best placed to make this decision, because you’ll have the most knowledge about your Customer Data.
10.6 Loss of Customer Data
- (a) If there is any loss or damage to Customer Data, your sole and exclusive remedy is for us to use commercially reasonable efforts to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by us.
- (b) We are not responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by us to perform services related to Customer Data storage, maintenance and back-up).
10.7 Data Storage
We may sub-contract to third party providers provision of services related to storage, maintenance and back-up of Customer Data. These third-party providers may be in jurisdictions outside Australia.
10.8 Use of Tools
We may use tools, scripts, software and utilities (Tools) to monitor and administer the Services. The Tools will not collect, report or store any Customer Data, except as necessary to troubleshoot problems in the Software.
10.9 User Provided Content
- (a) We may from time-to-time permit you to submit, upload, publish or otherwise make available to us, through the Application, textual, audio, and/or visual content and information, including commentary and feedback related to the Application and/or a Services, initiation of support requests, and submission of entries for competitions and promotions (User Content).
- (b) Any User Content provided by you remains your property. By providing User Content to us, however, you grant to us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with a Services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
- (c) You represent and warrant that:
- (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and
- (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- (d) You must not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us, whether or not such material may be protected by law. We may, but are not be obligated to, review, monitor, or remove User Content and at any time and for any reason, without notice to you.
11. CONFIDENTIAL INFORMATION
While using the Application or attaining a Services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
12. INTELLECTUAL PROPERTY
- (a) You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Application, Software and Offerings.
- (b) Except as expressly stated this agreement, this agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade-marks (whether registered or unregistered), or any other rights or licences in respect of the Application, Software and Offerings.
12.2 Right to License
We confirm that we have all the rights in relation to the Application, Software and Offerings that are necessary to grant all the rights we purport to grant under, and in accordance with, the terms of this agreement.
13. DISPUTE RESOLUTION
13.1 Informal Resolution
Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through firstname.lastname@example.org.
- (a) If we are unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
- (b) You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
14. GENERAL PROVISIONS
14.1 Amendment of Terms
We may change the terms and conditions of this agreement from time to time by publishing an updated version on an Application, in which case we will notify you.
- (a) You may not transfer your obligations under this agreement to anyone else without our written consent.
- (b) We may transfer our rights and obligations under this this agreement to any party without your consent.
- (c) Any purported assignment in violation of this clause 14.2 is void.
14.3 Enforcement of Terms
- (a) Any clause or part of a clause of this agreement which is Ineffective in any jurisdiction is Ineffective only to that extent in that jurisdiction.
- (b) A word or provision must be read down if:
- (i) this Deed is void, voidable, or unenforceable if it is not read down;
- (ii) this Deed will not be void, voidable or unenforceable if it is read down; and
- (iii) the provision is capable of being read down.
- (c) A word or provision must be severed if:
- (i) despite the operation of clause 14.3(b) , the provision is void, voidable or unenforceable if it is not severed; and/or
- (ii) this agreement will be void, voidable or unenforceable if it is not severed.
- (d) The remainder of this agreement has full effect even if clauses 14.3(b) or 14.3(c) apply.
14.4 Entire Agreement
- (a) This agreement, and any documents referred to in it, constitute the whole agreement between you and us and supersedes any previous arrangement, understanding or agreement between you and us relating to the subject matter they cover.
- (b) You and we acknowledge and agree that in entering into this agreement neither relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.
14.5 Governing Law and Jurisdiction
- (a) This agreement is governed by the laws of New South Wales, Australia.
- (b) You and we irrevocably submit to the non-exclusive jurisdiction of any court having jurisdiction in New South Wales, Australia.
14.6 No Waiver
- (a) No failure or delay by us in exercising any right or remedy provided under this agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.
- (b) Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
- (a) Any notice you send to us must be sent to email@example.com.
- (b) Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
- (c) Any such notice will be deemed received at the time and on the day shown in the sender's transmission report.
14.8 Relationship Between the Parties
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other Customer or user of the Services.
We may immediately terminate this agreement with you or generally refuse access to you to our Offerings or the provision of a Services or any portion thereof, at any time for any reason.